Criminal Justice and the Pursuit of Truth
Tim Hillier and Gavin Dingwall
Abstract
Criminal Justice is popularly conceptualised as a pursuit of the truth. This book considers the extent to which this view reflects reality by exploring a number of key themes. The ‘pursuit of truth’ suggests an obtainable, single truth and the book considers the extent to which truth is a far more complex, nuanced phenomenon. Often the criminal process appears to be more about constructing a narrative and telling a convincing story. The book explores the extent to which a pursuit of truth can conflict with other values such as justice and the protection of human rights, with particular focus o ... More
Criminal Justice is popularly conceptualised as a pursuit of the truth. This book considers the extent to which this view reflects reality by exploring a number of key themes. The ‘pursuit of truth’ suggests an obtainable, single truth and the book considers the extent to which truth is a far more complex, nuanced phenomenon. Often the criminal process appears to be more about constructing a narrative and telling a convincing story. The book explores the extent to which a pursuit of truth can conflict with other values such as justice and the protection of human rights, with particular focus on illegally obtained evidence and confessions. The concluding chapters discuss the extent to which the pursuit of truth has shaped the modern trial process and assesses alternative approaches to criminal justice including restorative justice and truth commissions. The conclusion highlights some fundamental themes in the book and points to the limitations of the current criminal justice system not only in terms of establishing truth but in terms of realising significant social benefit. Three areas of focus are taken to assess the current system’s ability to find the truth: blame, juvenile justice, and the pursuit of justice. The book argues that the current criminal process adopts a person, rather than a system, approach to bad events with a focus on identifying individuals to blame rather than addressing the wider problems resulting from crime.
Keywords:
Truth,
Lies,
Memory,
Criminal Process,
Evidence,
Credibility,
Testimony
Bibliographic Information
Print publication date: 2021 |
Print ISBN-13: 9781529203189 |
Published to Policy Press Scholarship Online: January 2022 |
DOI:10.1332/policypress/9781529203189.001.0001 |
Authors
Affiliations are at time of print publication.
Tim Hillier, author
De Montfort University
Gavin Dingwall, author
De Montfort University
More
Less